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Duties and responsibilities towards protection in R2P
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MULTISTRATEGIC AND MULTIFACETED CONCEPT OF THE R2P
According to the World Summit Outcome Document 2005, the R2P is based on three pillars, so there is not only one simple definition which can be applied in the Syrian crisis. As Cronogue (2012) says, the R2P involves rights and duties. Also, as Welsh (2013) explains, the R2P involves different actions and elements.
The Pillar I is based on states’ R2P its citizens (World Summit Outcome, 2005). In this case, the Al-Assad Government is not protecting its populations from war crimes and the use of chemical weapons add a more negative value in this duty of protection (United Nations, 2014). In addition, the Resolution 2139 (United Nations, 2014) calls for the Syrian responsibility to protect its citizens as its main duty.
The Pillar II says that (World Summit Outcome, 2005): “the international community should (…) encourage and help states”. It may show that the R2P concept adds other duty to the international community in order to prevent or protect those crimes from the population. In the Syrian case, the international community has claimed that Al-Assad Government needs to protect its citizens and stop these war crimes were not only citizens but also the urbanisation itself have been suffered, until the point that Homs, as an example, was an area declared a world heritage site and now it is completely destroyed (Espinosa, 2014), as well as it has been happening in Aleppo (HRW, 2014), being the target of the conflict the civilians. Furthermore, it is argued that the Syrian Government has not tried to protect them due to its battle against rebels and insurgency.
Furthermore, the international community could not encourage and assist because some of the powerful countries that hav...
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..., Lebanon, Jordan… (United Nations, 2014). Bin Talal and Schwarz (2013) says, the Arab countries are concerned about their responsibility to protect the Syrian population because of the unwillingness of the Al-Assad Government and the alleviation of war crimes.
To sum up, it is visible that the R2P involves numerous duties and obligations, both the international community and each state. Therefore, it appears to be that those who are critical about the R2P should take into account the importance of its multifaceted points and duties and the multifaceted Syrian conflict, where there is a lack of protection of civilians despite the international community is trying to accomplish them within the Syrian conflict framework. Therefore, it might seem that R2P is not dead, in spite of the fact that the concept itself is not fulfilling all of its duties in this conflict.
Jouejati, Murhaf. “Syrian Motives for Its WMD Programs and What to Do about Them.” Middle
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Much recent discourse surrounding humanitarian intervention has focused on the responsibility to protect (R2P). Prevention is a key component for good international relations and few would say it is not important, but as evidence to date would show prevention is very ineffective, the legality of military intervention still needs to be debated, as to date there is no consensus. For any intervention to be legitimate, whether unilateral or multilateral, it must comply with international law. So as not to cause any confusion, any situation in which an “intervention” is done with the permission or by request of the state being intervened, should be considered humanitarian assistance as state sovereignty is not breached. This paper will outline the relevant international laws and how they are applicable.
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The Syrian Civil War is a good example of world leaders playing by the rules of realism. The civil war began in March of 2011 as part of the Arab Spring, and by July of 2012 17,000 have died and another 170,000 fled the country (Almond). The United Nations Security Council in February of 2012 had tried t...
Lawson, Fred H. "Syria." Politics & society in the contemporary Middle East. Boulder, Colo.: Lynne Rienner Publishers, 2010. 411 - 434. Print.
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Although, within the U.N. Charter of 1945, Article 2(4) prohibits the use of force against ‘the territorial integrity or political independence of any state’ (U.N. Charter, art.2 para.4), it has been suggested by counter-restrictionist international lawyers, that humanitarian intervention does not fall under these criteria, making it legally justifiable under the U.N. Charter (e.g. Damrosch 1991:219 in Baylis and Smith 2001: 481). However, this viewpoint lacks credibility, as it is far from the general international consensus, and unlikely the initial intentions of the draftsmen of the charter. In more recent times, one can examine the emerging doctrine of the ‘Responsibility to Protect’(RtoP), which was adopted unanimously by the UN in 2005, as a far more persuasive example of modern legitimacy of humanitarian intervention. While not consolidated within international law, RtoP, which promotes humanitarian intervention where sovereign states fail in their own responsibility to protect their citizens, does use legal language and functions as a comprehensive international framework to prevent human rights
A substantial argument which is increasingly becoming a matter of contention in the event of contemporary armed conflict is the applicability of civilian protection during armed conflict that involves non-state actors. This paper shall discuss the contemporary challenges facing international humanitarian law with regards to civilian protection during such armed conflict. It will concentrate on the situation in Afghanistan after the 9/11 attacks of 2001. The aim of the paper will be to analyze the reasons why civilians are neglected during conflicts and how the different actors involved in the conflicts influence international humanitarian law. This purpose is guided with the need to understand why most of the casualties of modern conflicts are mainly civilians and not soldiers.
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